2014 MLD 532 LAHORE-HIGH-COURT-LAHORE

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LAEEQ AHMED KHAN VS Mst. FOUZIA ASIF PLD 1978 Lah. 1459, PLD 2011 SC 676, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Constitutional petition--TERM , Maintainability--TERM , Ss. 17 & 24---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Application for ejectment of tenant---Reasonable time---Laches, principle of---Striking off right of cross-examination of tenant---Interlocutory order---Scope---Landlady filed eviction petition wherein right of cross-examination of tenants was struck off by the Rent Controller---Validity---Tenants sought numerous adjournments for cross-examination but they failed to cross-examine the witnesses of landlady---Ample opportunities to cross-examine the witnesses were granted and even last opportunity subject to payment of cost was allowed---Rent Controller could not await for unspecified period for the tenants to cross-examine the witnesses---Procedure provided in the Cantonments Rent Restriction Act, 1963 for trial of an eviction petition was of summary manner but tenants for one reason or the other delayed the proceedings despite warning and imposition of fine---No appeal was competent against an interim order passed by the Rent Controller---When statute did not provide an appeal against an interlocutory order the same could not be challenged by way of constitutional petition---Remedy which was not directly available could not be sought through indirect means---If statute had provided remedy against order then constitutional jurisdiction of High Court could not be invoked to bypass provisions of said statute---Impugned order which caused no damage to the tenants and was incapable to cause any loss had been challenged---Right of appeal would accrue to the tenants when impugned order would be substituted by the final order and such right would be more extensive and beneficial---Impugned order had been challenged after a lapse of one year and two months---Constitutional jurisdiction of High Court could be invoked within a reasonable time which was 90 days---Present petition suffered from laches---Constitutional petition was dismissed being not maintainable.